Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 95AZA

Confidentiality claims etc.

Requests for confidential treatment

             (1)  If a person gives information to the Tribunal in relation to an application or proposal referred to in subsection 95AZ(1), the person may, at the time of giving the information, request that the information be excluded from the merger authorisation register and the Commission's website because of its confidential nature.

Confidentiality claims to be determined first

             (2)  If such a request is made, the information must be excluded from the register and the Commission's website until the Tribunal has made a determination on the request.

When Tribunal must exclude information--request made

             (3)  If such a request is made, the Tribunal must exclude the information from the register and the Commission's website if the information contains particulars of:

                     (a)  a secret formula or process; or

                     (b)  the cash consideration offered for the acquisition of shares in the capital of a body corporate or assets of a person; or

                     (c)  the current costs of manufacturing, producing or marketing goods or services.

When Tribunal may exclude information--request made

             (4)  If such a request is made, the Tribunal may, if it is satisfied that it is desirable to do so because of the confidential nature of the information, exclude the information from the register and the Commission's website.

If request refused, document may be withdrawn

             (5)  If the Tribunal refuses such a request and the information is contained in a document, the Tribunal must, if the person who gave the document to it so requires, return the document or part of the document to the person. In that case, it must exclude the document or the part of the document (as the case requires) from the register and the Commission's website.

If request refused, oral submission may be withdrawn

             (6)  If the Tribunal refuses such a request and the information was given by way of oral submission, the person who made the submission may withdraw all or part of the submission. In that case, the Tribunal must exclude the submission or part of the submission (as the case requires) from the register and the Commission's website.

When Tribunal may exclude information--no request made

             (7)  The Tribunal may exclude information from the register and the Commission's website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information.



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